VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01402 Package ID: USCOURTS-cofc-1_20-vv-01402 Petitioner: Leticia Starr Filed: 2020-10-16 Decided: 2022-08-10 Vaccine: influenza Vaccination date: 2018-11-03 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 46086 AI-assisted case summary: Leticia Starr filed a petition for compensation on October 16, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 3, 2018. The respondent conceded entitlement, agreeing that Ms. Starr suffered a SIRVA as defined by the Vaccine Injury Table. Specifically, her pain began within 48 hours after vaccination, was limited to the affected shoulder, and no other condition explained the pain. The respondent also agreed that she suffered residual effects for more than six months. A ruling on entitlement was issued on January 19, 2022. Subsequently, on August 10, 2022, the respondent filed a proffer of compensation, agreeing to an award of $46,086.23, which included $45,000.00 for pain and suffering and $1,086.23 for past unreimbursable expenses. Ms. Starr, a competent adult, agreed with this award. The Chief Special Master issued a decision awarding the full proffered amount on August 10, 2022. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01402-0 Date issued/filed: 2022-03-01 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/19/2022) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01402-UNJ Document 35 Filed 03/01/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1402V UNPUBLISHED LETICIA STARR, Chief Special Master Corcoran Petitioner, v. Filed: January 19, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Ruling on Entitlement; Concession; Table Injury; Influenza (Flu); Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA). Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Jeremy Fugate, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 16, 2020, Leticia Starr filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of the administration of the influenza (“flu”) vaccine on November 3, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 3, 2022, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case because she suffered a SIRVA as defined by the Vaccine Injury Table. Respondent’s Rule 4(c) Report at 1, 4. Specifically, Petitioner had no history of pain, inflammation, or dysfunction of the affected shoulder that would explain the alleged signs, symptoms, examination findings, and/or diagnostic 1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-01402-UNJ Document 35 Filed 03/01/22 Page 2 of 2 studies occurring after vaccination; Petitioner’s pain began within 48 hours after vaccination; Petitioner’s pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain Petitioner’s left shoulder pain. Id. at 6. Respondent further agrees that Petitioner suffered the residual effects of her condition for more than six months. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01402-1 Date issued/filed: 2022-09-12 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/10/2022) regarding 42 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01402-UNJ Document 46 Filed 09/12/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1402V UNPUBLISHED LETICIA STARR, Chief Special Master Corcoran Petitioner, Filed: August 10, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 16, 2020, Leticia Starr filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a left shoulder injury related to vaccine administration (SIRVA) after an influenza (“flu”) vaccine administered on November 3, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-01402-UNJ Document 46 Filed 09/12/22 Page 2 of 5 On January 19, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a left SIRVA. ECF 32. On August 10, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $46,086.23, consisting of: • $45,000.00 in pain and suffering, and • $1,086.23 in past unreimbursable expenses Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $46,086.23 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:20-vv-01402-UNJ Document 46 Filed 09/12/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * LETICIA STARR, * * Petitioner, * * v. * No. 20-1402V (ECF) * CHIEF SPECIAL MASTER * BRIAN H. CORCORAN SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 16, 2020, Leticia Starr (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a left Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza (“flu”) vaccine on November 3, 2018. Petition at 1. On January 3, 2022, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on January 19, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 30; ECF No. 32. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $45,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:20-vv-01402-UNJ Document 46 Filed 09/12/22 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,086.23. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $46,086.23, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Leticia Starr: $46,086.23 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 Case 1:20-vv-01402-UNJ Document 46 Filed 09/12/22 Page 5 of 5 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division /s/ DHAIRYA D. JANI DHAIRYA D. JANI Trial Attorney U.S. Department of Justice Torts Branch, Civil Division P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-4356 Email: Dhairya.Jani@usdoj.gov Dated: August 10, 2022 3